Journal of Law and Administrative Sciences No. 4/2015

Shaping the identity nemanjic states Interpretation of Byzantine ecclesiatical rights

Professor Zoran JEROTIJEVIć, PhD. Faculty of Business and Industrial Management, University Union,, Nikola Tesla " [email protected]. Vukadin ŠLJUKIć, PhD. Archives of , Belgrade, Serbia [email protected]

Abstract: Understanding -state relations in Serbia as an idea carried over from the Byzantine understanding of the doctrine of the relationship between the secular and ecclesiastical authorities. While the ruler carrier secular power, spiritual , the nation's indivisible and belongs to the state and the church, so that the question of relations between church and state resolved uniquely. On that basis set and relationship harmony and mutuality of church and state, as in Byzantium, and later in Serbia. Archimandrite Sava using typicon - the first of the Church - managed in the best way to highlight all that contain terms: church autonomy, self statehood, independence, identity. Keywords: state, church, Serbia, Byzantine, Studenica typicon.

INTRODUCTION St. Sava was fully aware that there is no national unity without unity of faith. The cultural development of all nations can be observed twofold elements: autochthonous, which are the result of internal development and long time transplanted elements which represent a more advanced culture, which diffusionist process of intra-social exchange "grafted" to the traditional. The degree of reception of this civilizational element depends on the progress of the cultural identity of a people. The right one side of popular culture and as culture is exposed to various influences, so it is right, depending on various factors, such as: • the church - to receive , and the state - that is its origin. From the moment of acceptance of Christianity, slavdom decays into two major groups: the western - Catholic and Eastern - the Orthodox. West is subordinated to cultural ideas of the West, the eastern group of Slovenian culture is being assimilated East. To the west is accepted Roman-Germanic culture, and on the east Roman- greek. Community in the West broke up into several classes, which are significantly different

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Journal of Law and Administrative Sciences No. 4/2015 from one another, had their interests and managed by its decoration. Roman individualism led to the fact that the Romans quickly due to large freedoms guaranteed to man. Hybridization Germanic conceptions of collectivism from a purely Roman individualism leads to half roman-half barbarian understanding of the community in the form of feudalism, which in until the new century dominated the entire public life. Under the influence of these two different principles, we find mutations in the understanding of social organization in , enjoyed all the rights and freedoms of individuals and in the feudal West European country - privileged estates. It had a different form refers to European East. Byzantium culture of newcomer nations (Slovene) assimilated, not subvert it was done on the second part of the old continent. That is why the social relations are different. East was unaware of the sharp class differences; he was representing a whole that is not permeated with the spirit ESTATES has already tied a ruling by faith. Stocks were not separate entities but parts of general community, underling the highest authorities in the country - ruling, which apart from the secular, she wore a religious character. In the east there is a mutation Byzantine interpretation of a state which is characterized by the idea of a symphony. Thus the Slovenian collectivism hybridization Roman-Byzantine individualism with a lot of Christian influence produced specifically experiencing a symphony in all countries whose cultural matrix was Byzantine. This resulted in a completely different attitude of the masses of these countries to the priest-ruler "caste". On the basis of the spirituality of St. Sava, which is in no way separated from Byzantine , which is adapted to the character of the Sava Serbian state and people, it's real unity of the state, the church and the nation. This close link contributed is much to be in Serbia faith developed as a major driving force of folk being. It happened something unusual, something that is basically a nearest real Christianity, and yet so rarely; in us, the church became a nation, a nation Church, the national- political sense.. Sava through nationally organized church did its people worthy member of the universal Christ family. For Orthodox Serbian church has remained a characteristic that has not only survived Serbian medieval state, but received its national idea and to keep her awake until the resurrection of a new Serbian state in the early nineteenth century. What you should know and those who, recognizing the

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Journal of Law and Administrative Sciences No. 4/2015 interweaving of Serbian Orthodoxy and Serbian nationality, insisting on the pagan elements of the Serbian faith, thinking that this way denationalization , not realizing that it is paving the way chauvinism. There is no greater obstacle to national chauvinism of Christian Orthodoxy, that is nationalism St. "Our nationalism - will tell Nikolai Velimirovic - consecrated St. Sava, and acquitted him of chauvinism" [1]. Today, in civil countries emerged under the echoes of the bourgeois revolutions of ideas, there is a separation of church and state, but the Church in all Orthodox countries which received Christianity from Byzantium, has the role of some patrons and patriarchs and in many ways represent the kind of authority that has a strong spiritual influence in society, as opposed to political or economic. BYZANTINE JOURNALS CHURCH AND CIVIL RIGHTS Roman law in the empire passed through many mutations, and Law is regulate important areas of secular law, particularly in the area of family and inheritance of criminal law, thereby becoming nomokanon in Byzantium, which represents the collection of ecclesiastical and civil rights. Nomos is Greek law in general and canon means rule that sets the church in the field of religion, morality, discipline, life and ministry of the church in totality. In literature we find data that is the first collection of the canon emerged after the First [2] (in ) 325th when the rules of the Parliament were attached canons several local Parliament. Thus amended nomokanon will be called by the name of the then patriarch Photius, Photius nomokanon to 920 [3]. Parliament decision of to become an official legal document for all Christian churches. With the outbreak iconclasts movement gripped by a crisis that has for over a hundred years ago the turned into battlefield fierce infighting. Iconoclasm is spreading from the east as a result of the convergence of Christian principles with pure spiritual faith Christological heresy and sect contrary to the external religious rite, and the diffusion of religious beliefs of non-Christian religions of Judaism, especially . Impact an , a symbol of Orthodoxy, was primarily a deep struggle for cultural identity of the and Orthodoxy. So Byzantine both political and experienced a turning point in the cultural sense. Final break with the Roman tradition, the Byzantine, or , broke acculturation influence of Islam and the

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Journal of Law and Administrative Sciences No. 4/2015 eastern sects, and thus be permanently identified as a conservative Christian church. This will have a big impact on all the Autocephalous Orthodox Church and the spirit of conservatism and isolation, influenced greatly on the containment of external influences, both Serbs and other Orthodox church people. Beside identification, while Leo III Byzantium starts with independent development legislation, and the final separation from the Roman legal tradition, acquires its own legal qualifications. Caused by general insecurity and the crisis has created a need for a body of law, which is called Ekloga. Ekloga is relatively short legal text of Chapter 18, which provides the most important judges of all the material from the civil law, criminal law and judicial procedure. It is, in fact, the adjustment of Justinian's legal traditions that is for all times remain the legal basis of the Byzantine life. Justinian law has become incomprehensible because it gave broad framework misuse and therefore the religious stained introduction states adopting "dear to god and useful for the community," [4] legal code. Starting of Justinian Roman law, Eclogue trying to modify it in the direction of "greater philanthropy", primarily under the influence Canon and eastern customary law. The agricultural law was passed in order to implement social reform and the protection of free peasants. It contains provisions on the protection of private ownership of movable and immovable property peasants. Maritime law is known as Naval or Rodos law. It contains provisions on naval and maritime trade, on the responsibility of the ship owner, the maintenance of order on board, on payment of the crew and the like. Military law regulates the issue of military discipline and responsibility that derives from it. It originated from the need to regulate the obligations which the soldiers take over the state, a large number of those to which the law applied and implemented, it belonged to the Slovenian nations. In the ninth and tenth century formed Prohiron, Epinagoga, Vasiliki, collection of short stories Emperor Leo VI, Romanos I , Constantine VII, as well as famous Fotijev nomokanon. Prohiron (manual) is the first major legislative work of the founder of the (867-886.), Was passed between 878 and 879.. Dedicated primarily to civil law, and only towards the end of the criminal law. The whole matter is

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Journal of Law and Administrative Sciences No. 4/2015 systematized in 40 head, and because of its simplicity and accessibility, for convenience in the judiciary and state administration. Prohiron remained in force until 1453.. He enjoyed great popularity not only in Byzantium, but also between the southern and eastern Slavs. In Serbia, the translation Prohiron entire Sava included in the legislation, but appears to be indirectly introduced into our medieval legal compilation, called unusual name - Law of Emperor Justinian. Espagnole (Legal Guide, the way to the law) is other legislation Emperor Basil I. It has been conceived as a manual for judges. Composed between 879 and 886. and largely modeled on Prohiron, but with significantly improved systematics. The most important newspapers appearing in the regulation of institutions of public rights-position of the emperor and the Patriarch of Constantinople, and their mutual relation. Great legislative zest Basil I will continue 886-912. of his son Leo VI the Wise, by issuing 888- 889. Six volume collections called Vasiliki (imperial books or laws). Emperor's book is the most ambitious, most systematic and most important codification endeavor rulers of the Macedonian dynasty. It was created with the aim of precanonization Justinian codification. This capital-based legal work contains all legal novels that were made from the sixth century. Vasiliki in the coming centuries as the main source of and are totally suppressed Justinian codification. This source of invited judges and in the thirteenth century. The last two significant collections of Byzantine rights Syntagma and Heksabiblos. Syntagma is rated in the year 1335. . Almanac is compiled by a monk at Athos Blastaros. This collection belongs to the Church law, was well suited to the needs of his time, and has become a part of Dusan legal code. Heksabiblos – six books, the collection passed as part of a private collection 1345.godine, also in Thessaloniki. It was composed of Thessalonica judge Konstantin Armenopulos. It contains predominantly secular law, which most reflects the legal decision from Vasilika and later jurisprudence. CHURCH AND STATE DESIGNED IDENTITY LAW RULE In the history of the Serbian church and the Serbian state, church civil bridge important legal document is the work of the Holy Basin, legal books, which came into

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Journal of Law and Administrative Sciences No. 4/2015 force in the second half of the thirteenth century, a book with about 800 pages, which the called . This kind of legal code points to a deeper reflection on its compilers, the main participant in the formation of such a code [5] – Saint Sava. As an excellent connoisseur political church events in Serbia and Byzantium, St. Sava was not all one what the legal code drawn up by the Serbs. In connection with this are also thinking about the characteristics of Serbian people, which has developed under the influence of Byzantine culture, build awareness of their nationality and shaped their culture. Sava freedom, skill and inspiration, "that the selection and distributes Nomokanon material, and synoptic canons Stefan Ephesian (VI century) and Aristin (XII century) interpretation replaces the full text of the canon or Zonara (XII century) comments that, when interpreting authoritatively extends certain Greek texts of their explanations, to shorten or newly- compiled all of that and other details make (Zakonopravilo) kind of codex" [6], which will in future centuries to have a decisive influence in shaping the identity of the Serbian state, Serbian Church and the Serbian people. St. Sava is introducing Zakonopravila church and state devised a new legal system and the essential terms of content ... "show up at the light of the Slovenian language god inspired these books, called nomokanon, because before that were darkened by a cloud of wisdom of the Greek language; now he brightened, that is, interpreted both by the grace of God clearly shine, case away the darkness of ignorance and all reasonable enlightening light, and from son relieve. But every teacher, I want to say a or presbyter, or other person who has a teaching act, if you do not know well these books - even the Seben know who he is, and perceiving depth in these god inspired book as in a mirror and you will see yourself as it is, and what should be to be, and others will be known and to learn .... " [7]. Social legislation in Zakonopravilo St. Sava, with its Zakonopravilo radically expands the boundaries of social measures by introducing Christian teaching on social justice, the opposite spirit of civic norms and regulations of the slavery system in Byzantium. Time has shown that many of the laws of serve national interests rather than man. Based on Zakonopravilo find out what was considered social need and that all solutions exist on these issues.

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Journal of Law and Administrative Sciences No. 4/2015 "Zakonopravilo regulate the care of the poor and the sick that were raised appropriate homes, protected persons with physical defects for detection duties of parents and children, aided widows and orphans girls redeemed prisoners and detainees protected slaves from the arbitrariness of masters, mercenaries from exploitation, debtors by loan sharks etc .... "[8]. Marital and Family Law in Zakonopravilo Marital law differs significantly from the original model, the Roman law. Marriage shall be entered into the church rules, the church ceremony, which was preceded by an engagement. Divorce of marriage is possible, as the Byzantine Empire in two forms: guilt without guilt spouse. Families are increasingly protected by law and sets, in contrast to Roman law, on firmer legal footing. Zakonopravilo enabled the Civil Law (Greco-Roman) is implanted into the foundations of Nemanjic state, and that in the consciousness of the people entering teaching on engagement and marriage as something that is essential to the existence of family, nation and state. St. Sava scored that this right becomes The generally accepted and pressure customs that were previously existed. Sava influenced the regulation of marital relations in the Serbian state as it is in existing case law introduced changes causing the obligation of Christian marriage premarital examination, engagement and church wedding ceremony, holy mystery of marriage. The population, which is the most illiterate, through the priest knew of their obligations towards marriage and engagement. At the same time have a high awareness of the importance of reciprocal social obligations of parents and children, on the complex role of the mother, on the status of the wife as well as the close cooperation with the holders of civil authorities. The church took care of the founding of "honorable homes" [9] old people, slums, for the sick, for children without parental care, for outsiders and others. These homes had their administrative and clerical staff; movable and immovable property that is acquired through legacy. Business in these institutions mercy took place under the general supervision of the bishop, whose task was, inter alia, to "represent the poor, comforting the bereaved, defend those who believe violence"[10]. Inheritance law in Zakonopravilo

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Journal of Law and Administrative Sciences No. 4/2015 There are institutes of inheritance law, which were developed under the influence of customary law. Inheritance could be either based on a will (testamentary) or law (intestatic). In medieval Serbia a small number of provisions on succession, and therefore Zakonopravilo St. Sava is one notable exception. Zakonopravilo says that under certain circumstances, and the church could inherit the fortune! Man and woman are equal in inheritance. The church could succeed only if bequests. Contract Law in Zakonopravilo Contract Law was not developed in the medieval Serbian state, with regard to the consumption of the feudal , where production was not intended for the market, but satisfying their own needs. However, bearing in mind that Byzantine anthologies embedded in Zakononopravilo represent parts of Justinian codification leads to the conclusion that the legal system of the medieval Serbian arrived and some classical Roman law, civil law institutes, (purchase, loan, partnership ...) Criminal law in Zakonopravilo Criminal law is an area which Saint Sava in Zakonopravilo devotes most places. As of today, there are a number of offenses, and the sentence, which had not previously been regulated by any laws. Zakonopravilo first, and then the code often devoted particular attention to this area of law. Byzantine influence is great, but the find their place in cases where the Byzantine methods of punishment were too strict and unfair. Methods of execution of the death penalty, were mostly taken from Byzantium. These were beheading with a sword, burning, suspension ... From Byzantium also downloaded and corporal punishment, very diverse: flogging, amputation of ears, blinding, singeing his hair and beard. These will be the ways of punishment and to preserve of Dusan era, and afterward, some even to the First Serbian Uprising in 1804. The most common spiritual punishment was banishment from the church and not allowing certain people to come some time in the service. Zakonopravilo detail the criminal offense of theft: The penalty for those who might in the night stole something from the church would be death, and executed to by the beasts thrown into the pit. Who would steal from the church during the day and was captured, sent to eternal imprisonment, digging gold ore. Thieves who steal from large churches ,, ''could not be sent to imprisonment, but the sentence was carried out immediately by beheading with

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Journal of Law and Administrative Sciences No. 4/2015 a sword. Those who were convicted of witchcraft and magic, they had no right of appeal to another court, but to anyone who found them, I could kill you right here. This represents a clear legal transplant from the Mosaic Law that says: ,, prophet and dreamer who force others to turn away from the true religion will be executed. If it is someone close, a brother, sister, wife or anyone else is allowed self-stoning. If a whole city engaged in witchcraft and magic, to burn all the men and cattle slaughtered by the sword "[11]. Here is what the law of Moses says about the fight: If men fight, and if one of them struck a pregnant woman so that she loses her child, but dies, the penalty will be a fine, and if you lose a child and he dies, shall be based on the principle TALION-around for an eye, a tooth for a tooth. There is a great likelihood that this provision in Serbia and applied. Slave, Jew can serve a maximum of six years and seven must be released, without redemption! This provision in Serbia is not applied consistently, because slaves were commonly sold several times between the different masters. If a man fell into captivity along with a woman, both of them will be free after six years. The murder of this law says who strikes a man and die to die. Whoever strikes his father or his mother, and that he may die. A liability for the damage that the animal, if in stings a man or a woman, and they die, in order to be stoned, and the master of the ox to free himself. But if the master of the ox, he knew that his killer and not kept him properly, will answer on the principle of strict liability, shall be stoned along with an ox. In the event that the slave dies, the owner not in any case will not match. There we meet the legal inequality, which is in Serbia was represented. Customary law in Zakonopravilo In Zakonopravilo Saint Sava is interesting to point out the institution of the old Serbian law which they resist the influence of the powerful Byzantine state. Non- transplant in Zakonopravilo usually related to canon, inheritance and criminal law. "It is perfectly possible to be a powerful legal system develop due to natural talent, without the help of transplants and that, even more amazingly, it can happen even in such a society such as that which generally adopts a lot of other civilizations ... Country whose laws are mainly incurred in the execution of another's rights, can sometimes prove itself to great originality " [12] in the case of medieval Serbia. St. Sava is going much ahead

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Journal of Law and Administrative Sciences No. 4/2015 of his time, recognized the need for codification of canon law, the first regulating this area, except for a few provisions which relate to heresy, he personally participated in the work of the monastery as abbot of Studenica, so creating a church of the same standards applied, explained and promoted. It is also critically supervised the implementation of concrete solutions envisaged in Zakonopravilo, and creating original solutions, adapted to the situations in the Serbian church and state, changed Byzantine canons creating a unique legal system that is still proud. Canonical sources are original, Saint Sava gives them a halo of divine origin, and in this case we can not talk about legal transplants, but can only be brought under the Institute of customary law. RELATIONSHIP BETWEEN CHURCH AND STATE GOVERNMENTS Its Zakonopravilo Sava has set the legal foundation Serbian state. The roots of the relationship between church and state Sava is the Christian teaching on the source and the sense of power that has already been developed in Byzantium. As the population in Byzantium and thus in Serbia, was predominantly Christian Orthodox faith, this fact had ensured that the issue of relations between church and state resolved uniquely. Due to this fact, the relationship between church and state was built up in mutual harmony, harmony and mutuality of church and state. To implement this system of agreement are most responsible head of state and head of the church. Christian teaching on obedience to authority is not declared in the servile sense as it was before, but a submission in a positive way. "For the elders did not fear to good works, but to evil. Will you turn that is not afraid of the power? Do good and you will have praise from the same[13]." Here we proceed from the fact that the ruler is "servant of God" for the good of the people. "If you do evil, be afraid, because it does not bear the sword in vain, because it is God's servant, an avenger, to pour out wrath upon him that doeth evil[14]." Taranovski explains that there are several ways that the relations between church and state at the time widening. Caesaropapism is typical of Catholic countries, where the was above the rulers of these countries. Contrary to this, the Byzantine ruler's power comes from the grace of God. The ruler was elevated to apostolic level, and the church is treated as a state institution. This ratio is called caesaropapism and characteristic was the Byzantine to the ninth century, Protestant countries and Russia, starting from the reign of Peter the Great. As a pursuer of Rome, Byzantium and took

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Journal of Law and Administrative Sciences No. 4/2015 his public law system, in which the emperor undisputed master; until in 375 he was the supreme religious leader, Pontificis Maxim, he convened, chaired and managed by the ecumenical councils which make the most important decisions about faith, and shall be construed and scripture[15]. At the time ikonoclasts movement caesaropapism was even more pronounced. After the defeat of iconoclasts (mid-ninth century), the Byzantine Empire will weaken the secular government and create some kind of balance between church and state, in which both governments complementary. Patriarch (the supreme head of the Christian East), as a vassal state, subordinate to the emperor, and this, as a believer is subordinate to the patriarch. This harmony is the third method of regulation of mutual relations (between the highest spiritual and secular power) and is called Symphony. Emperor has the right to convene, preside over and handled ecumenical councils for reflection on disscuse on major religious issues. He has the right to elect three candidates proposed patriarch. It is no longer over the church, but is treated as a guardian of the faith. On the other hand, churchyards are sacrosanct and the ecclesiastical court is independent. Orthodox decisions and rules of the holy fathers can interpret only the patriarch. Poor people may be under the protection of priests over merciful interventions that are often driven by the nobles. For the main, the patriarch alone could crowned emperor, he could anathematize, or prohibit the entry to the church. Emperor did not have the right of church teaching and selecting priest nor has it had any rights you may have had the clergy, which were a condition to exist caesaropapism. An important set of ecclesiastical rights contained Espagnole (after 879 years) Basil I, which in theory symphonies brought the laws of the Byzantine emperors[16]. In Espagnole cites in detail the duties of the Emperor to the state and the church, and then, and tasks of the patriarch as the bearer of spiritual power. "In the country, compiled from the parts and limbs like the human body, the largest and most important parts of the emperor and the patriarch, because it is for the soul and body of citizens peace and prosperity for the empire and clergy the uniformity of thought and consent[17]." Sava is its codification working to create a Serbian autocephalous church and put into operation the independence of their country. Opted for the theory of the symphony, which was originally constituted on the understanding of the Orthodox Church. In Zakonopravilo there was no place for those texts that challenged this view on

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Journal of Law and Administrative Sciences No. 4/2015 the issue of state and church relations; rejected all sources which housed the track "Hellenic evil." With 45 votes. Proceedings of the John scholasticism, where he covered and 6. Justinian novel that speaks of a symphony. "The greatest gifts of God among men, philanthropy given above are: the clergy and the empire (hierosyne te kai basileia), first to serve what is divine, and secondly, to manage and take care of what is human. And both outcome from one and the same principles (arches), adorn human life; because the emperors could not be anything as important as the honor of priests who are for themselves always pray to God. For if they are first in everything righteous before God if they had the audacity and the other proper and fitting to begin decorating items and towns (ten paradotheisan cars politeian), ie. state and those who are under them, will become a pleasant harmony of all that human life bestows good. And it will be, we believe, if we keep monitoring clerical rule (tone hieron kanonon) that the apostles - justly acclaimed and honored, and witnesses of God's Word () - surrendered, and Holy Fathers preserved and recited [18]". As of this Justinian text can be concluded, the clergy and the Empire are essential social categories; there by the will of God and therefore both have sovereign authority. Although they have different properties, the clergy - the supernatural and divine, the Empire - natural and human, they are not separate; they have a common source - the will of God. Work toward achieving a common goal, and that is well and happy society. To achieve this goal it is necessary harmony between them, which is possible when both categories subordinated to the same standards, the canons that were given by the Holy Apostles and preserved by the Holy Fathers. In practice, this symphony expresses the mutual assistance - prayer on the one hand and the government on the other. In this regard, the corrected provision 7. heads, their first championship in 14 Nomokanon branch "about it, you should not let the crowd a choice of priest," in "about it, you do not need the nobility or the crowd to elect and asks whom he will [19]". In this way, the Sava is Zakonopravilo further emphasized the harmonious relationship between spiritual and worldly power holders. Nomokanon, Zakonopravilo our saint rejects the idea of Eastern Papism, which enforces the supremacy of the Church of Constantinople, and that did not match either the dogmatic teaching about parliament as the highest authority of the church

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Journal of Law and Administrative Sciences No. 4/2015 authorities, nor the canonical doctrine of the equality of heads of autocephalous churches. This would jeopardize the position of the Serbian church, which met the basic requirement of canonical - independent choice bishop, due to which the interference Patriarch of Constantinople was antikanon. CONCLUSION Orthodoxy, in the form of St. Sava spirituality, which are in no way separated from the Byzantine, substantive unity of the Serbian state, the church and the nation. This close link contributed is much to be in Serbia faith developed as a major driving force of folk being. It happened something unusual, something that is basically a nearest real Christianity, and yet so rare. The church became a nation, a nation Church, the national-political sense. Serbian orthodoxy, has become the epitome of Serbian national and state tradition. For the Serbian church has remained a characteristic that has not only survived the medieval Serbian state, but received its national idea and to keep her awake until the resurrection of a new Serbian state in the early nineteenth century. Orthodoxy means right opinion or belief properly. Our opinion and theologians believe that the multi-layered concept much richer than the notion of opinions and beliefs: it includes himself, automatically and in parallel, life, therefore orthodoxy as orthopraxy, true faith as the right action. Saint Sava'shood is Orthodox, but Serbian Orthodox style and experience, which means orthodoxy embodied in the history and in the experience of a particular people, the Serbian people. The very identity of is being built with love of neighbor, then the love of the community of believers that. the ecclesial community. That's why people in the corpus of the Church really brothers, but not in the blood and the tribal sense, but close brothers in spirit and reality with Christ in Christ. Serbian people under the influence of Byzantine culture and Orthodoxy in the form of St. Sava, built his special national consciousness as a fundamental value, which was a factor of the genesis and existence of Serbian state. Sava is set Zakonopravilo legal basis Serbian medieval state. Pored legal, this book has a remarkable socio-political significance. Sava guideline was thought that their work can pave the way to the autocephalous Serbian church, organisationally strengthen its foundations and bring it into line with independent status and the very being of their country, according to the principles of the sympony. In Serbia after St.

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Journal of Law and Administrative Sciences No. 4/2015 Save, Zakonopravilo will be valid as a holy, unchangeable law. For him to call later and Dusan's Code, and Prince Lazar in their charters (1380, 1382), as well as other legal acts. At the time of centuries of Ottoman rule in the region, was the most important integrative factor in the Serbian nation and the bearer of spiritual continuity with medieval Serbia. The rights that the Serbian church received in 1557 (renewal of the Pec ) enabled her to, in addition to the freedom of its activities, to become the headquarters of the spiritual, national and political gatherings and unity of the Serbian people. Zakonopravilo will just be one of the key links in the preservation of their national consciousness and identity of the nation. It confirms, among other things, by the fact that the dispute between them in these difficult times the Serbs used precisely Savino Zakonopravilo. Zakonopravilo was used in Serbia during the uprising, (Prota Mateja Nenadovic) at the time when the Serbian people at the beginning of the nineteenth century to begin with the struggle for liberation from Turkey and restoring its statehood, as well as the Serbian Civil Code of 1844.

References: [1] Velimirovic, 1935. [2] Soloviev 1932, 25th [3] Ibid. [4] Avramovic 2007, 170th [5] Troicki 1952, 5-6, 15-16, 21st [6] Petrovic 1990, 1st [7] Petrovic 1990, 3th [8] Ibid 14-18 [9] Petrovic 1990. [10] Ibid 19 [11] Petrovic 1990, 53-59 [12] Watson 2000, 118-119 [13] Romans 13, 3. [14] Ibid 4th [15] Taranovski1931, 235-239. [16] Ibid 236th [17] Petrovic in 1990, 76. [18] Ibid 79 [19] Bogdanovic, 1992, 40

Literature: Sima Avramovic, Vojislav Stanimirovic (2006): Comparative legal traditions. Belgrade: Nomos Bogdanovic, (1988): Teodosije, Žitija. Belgrade: SKZ Watson, Alan (2000): Legal transplants. Belgrade: Legal Fac. Univ. in Belgrade Velimirovic, Nikolai (1935): Nationalism of Saint Sava. Belgrade. John's , chapter. 19th , Romans 13, Proverbs. 8th

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Petrovic, M. Miodrag (1990): krmčija Holy save on the protection of deprived and disadvantaged. Belgrade Library "Reprint" -First round second book Petrovic, M. Miodrag (1990): About Zakonopravilu Nomokanon Saint Sava, Belgrade, Culture Soloviev, V. Alexander (1928): The importance of Byzantine law in the , Anniversary NikoleČupića. Belgrade: Book XXXVII, State Printing House of the Kingdom of SHS Taranovski, Theodore (2002): History of Serbian rights in Nemanjićkoj state. Belgrade: Lyrics Troicki, Sergius (1996): How should issue Ideology Nomocano

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